Shandong Ningyang the absence of an owner to pay traffic fines, vehicle inspection,Mens Timberland Custom Boots, although compliance with the law conditions, but still the traffic police department refused to release marks. The owner based on road traffic safety law traffic police department will be taken to court, get the vehicle after winning mark.
the original, legal and departmental rules and regulations p>
to the Vehicle Administration for the annual inspection of vehicles, many car owners will be told that a traffic offense if the vehicle record information, you must first pay the fine after the inspection to be adopted.
years, for the annual However, in September last year, Shandong Province, began to question Mr. Kwak Ningyang of this provision.
Mr. Kwak that qualified in their vehicles tested in the case, the traffic police brigade there by car traffic information to refuse to grant illegal vehicle detection marks, a violation of his legal rights, and ?????traffic police to court.
2009 December Ningyang People?s Court, ruling against traffic police, traffic police ordered the plaintiff within five days of issuance of motor vehicle inspection marks.
But now, decision has taken effect more than seven months, Mr. Kwak are still unable to get the motor vehicle inspection marks.
owners Gao Ying police team
traffic police department: According to the Ministry of Public Security, vehicle road traffic safety violations and accidents disposed of.
court: Under the Road Traffic Safety Law, attach other conditions,
3 years ago, bought a Kwak Dongfeng Citroen mini passenger car, a motor vehicle in Ningyang local home for the registration and received a motor vehicle license, put a license plate.
2009 ? 6 11, the insurance company Kwak compulsory traffic accident liability insurance to pay 760 yuan. On 18 June the same year, he went to Ningyang vehicle inspection station on the car for testing, test results as
but Ningyang Public Security Bureau Traffic Police Brigade was in the car registration requirements,
Kwak satisfied with this result, on September 14, 2009 traffic police will be sued Ningyang Ningyang People?s Court.
During the trial, Ningyang traffic police brigade, said traffic police are not issued to the plaintiff motor vehicle inspection marks inappropriate. Because the car since November 4, 2008 to 2009 between July 22,timberland boots sale, 16 road traffic offense records did not receive information processing, motor vehicle file is locked.
according to laws and regulations.
court did not support the traffic police say.
Article XIII of the Road Traffic Safety Law safety and technical inspection of motor vehicles required to submit documents and motor vehicle safety inspection marks the release made it clear that compulsory third party liability insurance, and motor vehicle safety inspection agency shall be examined, no unit may attach other conditions on the motor vehicle meets the technical standards of national security, public security organs should be distributed to the traffic management department inspection mark. .
the plaintiff?s vehicle testing with the state motor vehicle safety testing standards, the traffic police detachment should be sent to the plaintiff, after review and correct inspection marks.
Accordingly, the court ruling, decree Kwak traffic police issued within 5 days of motor vehicle inspection marks.
effective but difficult to enforce judgments
court: 5 days of issuance of inspection marks.
traffic police: do not pay a fine not inspection, is the Untreated due to illegal logging, motor vehicle lock file is a unified national system, can not log issued certificate.
After receiving the verdict, Ningyang traffic police insisted that road traffic violations pending before the case, the traffic police brigade Kwak not be issued for motor vehicle inspection marks, did not violate the relevant regulations.
court decision comes into effect, the traffic police brigade and did not follow the ruling issued to Mr. Kwak inspection marks. In this regard, Ningyang traffic police explained that although the court ruling can not log on to its issuance of certificate.
staff said that not only do so in Shandong Province, the country?s Vehicle Administration is so performed.
inspection whether the way to deal with.
also the owner that: the two
In the interview,
then, vehicle inspection,
a law experts analysis, based on Ministry of Public Security, completed. From this perspective, the public security in the transport sector approach is correct.
However, the Road Traffic Safety Law Article XIII, dealing with traffic violations is not a necessary condition for the annual inspection of vehicles.
which clearly stipulates that the provision of motor vehicle license and motor vehicle compulsory third party liability insurance, and motor vehicle safety inspection agency shall be examined, no unit may attach other conditions. Of the motor vehicle meets the technical standards of national security, public security organs should be distributed to the traffic management department inspection marks.
The source further analysis, Road Traffic Safety Law passed by the NPC Standing Committee, and Comparison of the two road traffic safety law is a higher-level laws, the case of conflict between the two, the Road Traffic Safety Law should prevail. Since the Road Traffic Safety Act provides no other conditions attached, it means that no department can not set limits. It would appear that the public security traffic control department before the vehicle inspection law to pay a fine, is not consistent with the law.
Why is there such a
Shandong Province, a lawyer that the law provides for the principle, mostly, often through the implementation of appropriate administrative regulations or local laws, rules and regulations for refinement. And departmental rules and regulations of local governments making process, in setting specific management rights, punishment, approval rights, enforcement of rights, it is prone to individual rules and regulations and the law rank of the legal documents and legal documents under an order of a lack of internal unity among each other the status of contradictions and conflicts have occurred, to the detriment of the legal authority and social identity.
owners think so.
but there are owners that the inspection process and illegal bundling is an effective constraint violations.
Source: the rule of law over the weekend
Source: http://www.bagsparadise2011.info/2900.html
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